"The richest people in the world look for and build networks, everyone else looks for work."

-- Robert T. Kiyosaki

What is the Attorney Breakfast Club? Seats Available!

Posted by on Apr 27, 2013 in Blog | 0 comments

The Attorney Breakfast Club has the following seats available. For more information or to reserve your seat, please contact Melramirez@attorneybreakfastclub.com

Broward Chapter:

  • Adoption Law
  • Appellate Law
  • Bankruptcy Law-SOLD
  • Commercial Litigation-SOLD
  • Corporate Law
  • Criminal Defense-SOLD
  • Disability Law
  • Employment Law
  • Entertainment Law
  • Family Law
  • Foreclosure Law-SOLD
  • Insurance Defense
  • Immigration Law
  • International Law
  • Mass Torts/Class Action-SOLD
  • Mediation
  • Patent and Trademark Law-SOLD
  • Personal Injury Law-SOLD
  • Probate and Estate Law-SOLD
  • Real Estate Law
  • Tax Law
  • Worker’s Compensation Law

Miami Dade Alpha:

  • Adoption Law
  • Appellate Law
  • Bankruptcy Law-SOLD
  • Collection Law
  • Commercial Litigation Law
  • Construction Law-SOLD
  • Corporate Law-SOLD
  • Criminal Law-SOLD
  • Disability Law
  • Employment Law-SOLD
  • Entertainment Law
  • Family Law-SOLD
  • Foreclosure Defense Law-SOLD
  • Immigration Law-SOLD
  • International Law
  • Insurance Defense-SOLD
  • Mass Torts/Class Action-SOLD
  • Mediation-SOLD
  • Patent and Trademark Law-SOLD
  • Personal Injury Plaintiff Law-SOLD
  • Real Estate Law-SOLD
  • Tax Law
  • Transactional Law
  • Worker’s Compensation Law-SOLD

Miami Dade Beta:

  • Adoption Law
  • Appellate Law
  • Bankruptcy Law
  • Commercial Litigation-SOLD
  • Collections-SOLD
  • Corporate Transactional Law
  • Criminal Law-SOLD
  • Disability Law
  • Employment Law
  • Entertainment Law
  • Family Law-SOLD
  • Foreclosure Defense Law
  • Immigration Law-SOLD
  • International Law
  • Mass Torts/Class Actions-SOLD
  • Maritime Law-SOLD
  • Mediation-SOLD
  • Patent and Trademark Law-SOLD
  • Personal Injury Law
  • Real Estate Law-SOLD
  • Tax Law
  • Worker’s Compensation Law

To reserve your seat, or to learn more, please contact Dina@abcfornetworking.com.

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Can I recover my legal fees?

Posted by on Sep 1, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/J6SQQNpeoQY/ target=_blank >Can I recover my legal fees?</a>

By Alexander Barthet

Florida’s construction lien statute says the prevailing party in any action to enforce a lien is entitled to recover a reasonable fee for the services of his or her attorney.

So what happens if a lien dispute between a contractor and his homeowner clients is resolved in the contractor‘s favor but through an arbitration proceeding versus a court of law? Would the contractor still be entitled to recover his attorney’s fees as the prevailing party?

He surely thought so, but to his surprise a court didn’t see it his way. The lien statute requires that lien enforcement actions be brought in a court of competent jurisdiction, and the ordinary meaning of “court” does not include an arbitration proceeding.

This contractor was out of luck because:

1. the construction lien statute must be strictly construed,

2. he didn’t seek to enforce his lien in court, and

3. the arbitration agreement didn’t call for the award of attorney’s fees.

He prevailed in his dispute but he wouldn’t be entitled to recover his attorney’s fees.

Source: http://feedproxy.google.com/~r/lienzone/~3/J6SQQNpeoQY/

  

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Legal and Ethical Duties on a Construction Project

Posted by on Aug 25, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/CIUVhOR9Uhc/ target=_blank >Legal and Ethical Duties on a Construction Project</a>

By Alexander Barthet

Natural and man-made disasters have a way of exposing all manner of shoddy work and poor design. Whether it is tornadoes in the midwest, frightening hurricanes in the southeast, tsunamis in the Pacific – all have revealed not only inadequate construction methods but worse, a failure in many instances to adhere to established codes of conduct.

Considering the Public Good

Builders and designers have ethical and professional guidelines to which they are expected to conform, not the least of which is the obligation to use their skills and knowledge in a reasonably careful and competent manner. They must also be cognizant of their responsibilities to the public, balancing the interests of clients and society alike. If at any time, the health, safety or welfare of one or the other could be in jeopardy, then architects, engineers and contractors must take a step back, consider both their  legal and ethical duties on a construction project, and rethink their planned approach.

Because of bad planning, use of substandard materials, faulty construction and unenforced building codes, lives can be unnecessarily lost.

Legal and Ethical Duties Not the Same

To be clear, legal and ethical duties on a construction project are not the same. While satisfaction of the legal requirements associated with a particular project might appear to be sufficient, real life examples have illustrated this is not always enough. Thought to the overall impact of any design or construction decision must be part of every analysis. Cutting corners, fee based conclusions, less than full research – none may be illegal but all could result in flawed determinations. Sure, pushing back is never easy, especially against the constant pressure of an owner seeking to move a project forward, but setting aside one’s ethical obligations for the sake of expediency is never a good idea. An ethical violation may not result in a law suit, or even subject one to disciplinary sanctions, but it could well lead to adverse and long lasting consequences for the community one lives in. There are no black and white rules in most instances, but rather, and hopefully, a business climate which encourages and guides one to behave both legally and ethically.

Source: http://feedproxy.google.com/~r/lienzone/~3/CIUVhOR9Uhc/

  

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3 Parts of Every Construction Settlement

Posted by on Aug 18, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/dGh04_2ROTE/ target=_blank >3 Parts of Every Construction Settlement</a>

By Alexander Barthet

Everyone knows that to make a settlement stick, you need to get it in writing and get it signed. But there are 3 parts of every construction settlement that need to also be addressed if that settlement is to have the effect of timely releasing all the affected parties.

You need to be sure to include the following:

  1. The names of all the parties who may be involved or have anything to do with the dispute;
  2. A description of the what, when and where of the incident that led to the dispute, and
  3. The consideration for the settlement – what are the parties giving and getting to obtain a release and settlement of the dispute.

Don’t do this and you could end up in hot water, just like one poor plumber.

He had been hired to renovate some bathrooms and shower stalls at a college residence hall.  After completion of the project, the school discovered a number of leaks in the bathrooms.  The college sued the general contractor for breach of contract and the plumber for breach of its warranty, alleging improper installation of shower pans and drains in the bathrooms.  The plumber quickly settled with the college.  Eventually so did the general contractor.  But then the general contractor did something the plumber wasn’t expecting. He cross claimed against the plumber, seeking reimbursement of the monies the general contractor paid to the college.

The plumber cried foul saying it had been released from claims for improper work when it settled with the college.  But the plumber was wrong.  The court concluded that just because the plumber settled with the college, didn’t mean it was released from claims for indemnification being made by the general contractor.  A tough lesson for the plumber who had forgotten to make the general contractor part of its settlement with the college.

What’s in your settlement agreement?

Source: http://feedproxy.google.com/~r/lienzone/~3/dGh04_2ROTE/

  

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Insurance Coverage on 558 Notices

Posted by on Aug 11, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/UZ_YgY6U4f8/ target=_blank >Insurance Coverage on 558 Notices</a>

By Alexander Barthet

Dealing with 558 notices has become a way of life for everyone in the business of construction. And most times, contractors have been able to look to their insurance carriers to cover the costs associated with this time consuming procedure.

But that could begin to change.  In a very recent Florida case, a contractor’s insurance company was able to successfully argue that a 558 notice was not a lawsuit or a proceeding entitled to coverage under that contractor’s applicable policy. Did the 558 process fit the definition of a dispute resolution proceeding? The court determined it did not. Bad news for contractors who aren’t keen on seeing their profit margins further reduced by having to hire lawyers and experts to address the often extensive listing of supposed defects associated with 558 claims.

Contractors would do well to immediately and carefully review their existing policies and determine if coverage is available for dealing with standard 558 notices.  They should also consult their construction attorney as there may be ways to deal with these notices which can minimize a contractor’s out of pocket costs, especially if insurance coverage isn’t available.

Source: http://feedproxy.google.com/~r/lienzone/~3/UZ_YgY6U4f8/

  

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Is it a crime if a contractor stops working?

Posted by on Aug 4, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/-lNDBJ7D8J8/ target=_blank >Is it a crime if a contractor stops working?</a>

By Alexander Barthet

Is a contractor who accepts several checks to remodel a duplex guilty of a crime if he deposits the checks but doesn’t finish the work? Is it a crime if a contractor stops working?

A contractor who had been found guilty of theft appealed his conviction. He admitted to having cashed a number of checks he received for work he had yet to do on a contracted remodeling job, but he also showed that he did perform some work on the project. In fact, the contractor only stopped working when the owner had run into permitting problems and couldn’t decide whether to continue the remodel or just build a new structure. The evidence showed that at the time he accepted and cashed the checks, the contractor had no intent to defraud the owner by not performing contracted work.

No crime if contractor had no intent to defraud

Failure to perform a construction contract isn’t usually enough to have a defaulting contractor arrested or charged with a crime. Without showing a contractor’s specific intent to commit a theft or other offense, an unhappy customer must resolve his or her dispute in a civil, not a criminal, court.

Source: http://feedproxy.google.com/~r/lienzone/~3/-lNDBJ7D8J8/

  

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